| Case ID |
2e125bab-58de-4372-86ec-b946d29ded4e |
| Body |
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| Case Number |
Criminal Miscellaneous No.74 of 2001 |
| Decision Date |
May 04, 2001 |
| Hearing Date |
May 04, 2001 |
| Decision |
The Peshawar High Court held that the petition for review of the order dated November 10, 2000, was not maintainable as per the provisions of Section 369 of the Criminal Procedure Code. The Court reiterated that once a judgment has been signed, it cannot be altered or reviewed except for clerical corrections. The petitioner's request to modify observations made in the previous order was also denied, affirming that the High Court has no jurisdiction to review its own orders in criminal matters. The petition was ultimately dismissed. |
| Summary |
In the case of Iqbal vs. The State, the Peshawar High Court addressed the procedural limitations on revising its own orders under the Criminal Procedure Code. The petitioner sought a review of a previous order that had canceled his anticipatory bail. The Court emphasized that it could not review its own decisions once signed, except to correct clerical errors. This ruling reinforces the concept of functus officio, where a court's power to alter its judgments ceases once they are finalized. The decision underscores the importance of adhering to the established legal framework to maintain judicial integrity and prevent abuse of process. The case highlights critical aspects of criminal law and procedural justice in Pakistan, including the interpretation of Section 369 and Section 561-A of the Criminal Procedure Code, as well as relevant sections of the Penal Code. This case serves as a significant reference for future cases involving the review of court orders, emphasizing the need for clarity and adherence to legal protocols. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL HASSAN, J
|
| Lawyers |
Syed Shabbir Hussain Shah,
Qazi Salik Rauf,
Muhammad Akbar Khan Swati
|
| Petitioners |
IQBAL
|
| Respondents |
THE STATE,
|
| Citations |
2001 SLD 1189,
2001 PCRLJ 1634
|
| Other Citations |
Maulana Muhammad Azam Tariq, M.N.A. v. Khurshid Ali and another 1996 PCr.LJ 119,
Juan Sullivan v. The State 1971 SCMR 618,
Mst. Shabana Niazi v. Muhammad Khalilur Rehman and 2 others 1997 PCr.LJ 746,
Gulzar Hassan Shah v. Ghulam Murtaza and 4 others PLD 1970 SC 335,
Iqtidar Shah Jafri and others v. The State 2001 PCr.LJ 222,
Amiruddin v. State PLD 1997 SC 602
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
369,
561-A,
302/34
|